Friday, November 08, 2013

The
Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), has received new
information and requests your urgent intervention in the
following situation in Malaysia.

New information:

The Observatory has been informed by reliable sources about the ongoing judicial harassment against Ms. Lena Hendry,
Programme Coordinator of the human rights NGO Pusat KOMAS[1], in
relation to the organisation of a private screening of the documentary
film called “No Fire Zone, the Killing Fields of Sri
Lanka” on allegations of war crimes committed in Sri Lanka during the
civil war in 2009.

According to the
information received, on November 7, 2013, Ms. Lena Hendry’s lawyers
went to Magistrate Court 6, Duta Court Complex, in Kuala Lumpur.
However, the lawyers were then informed that the case was postponed as
the Presiding Magistrate was on medical leave.

The
Observatory recalls that on September 19, 2013, the Home Ministry
and Attorney General Chamber (AGC) filed a charge against Ms. Lena
Hendry under Section 6 of the Film Censorship Act 2002 - which says no
one should screen any film or related publicity materials that have not
been approved by the Censorship Board. Judge Ashraf Razal Abdul Manan
granted her bail of 1,000 ringgit (about 233 euros), and set the next
date for Ms. Hendry to appear in court to October 21, 2013. On that day, documents including the charge sheet, the police report, the
layout of the venue where the documentary was shown, and a copy of the
film in DVD format were provided to the court.

If
convicted, Ms. Hendry is liable to a fine between 5,000 ringgit (about
1,163 euros) and 30,000 ringgit or to imprisonment for a term not
exceeding three years or to both.

The
Observatory reiterates its call on the authorities of Malaysia to put an
immediate end to the continuing judicial harassment of Ms. Lena Hendry,
all Pusat KOMAS members as well as against all human rights defenders
in the country, as it is arbitrary and seems to merely aim at
sanctioning their legitimate human rights activities.

Background information:

In
the evening of July 3, 2013, Pusat KOMAS, together with the KL &
Selangor Chinese Assembly
Hall Civil Right Committee (KLSCAH CRC), organised a private screening
of “No Fire Zone” directed by British Director Callum Macrae. At about
8.30 pm, about 30 minutes after the start of the screening, about 30
officials of the KDN, immigration officials and the police entered the
Chinese Assembly hall and requested to check the film. The organizers
negotiated with them to allow the screening to continue and enter after
the screening is over.

However, after
the screening, said officials insisted on checking the identity cards of
all participants before they left the venue. The KDN requested a copy
of the film, which was provided by the organisers in soft copy. They
also ordered the organisers - Ms. Anna Har, a member of KOMAS Board of Director, Mr. Arul Prakkash,
KOMAS Executive Director, and Ms. Lena Hendry - to go to the Dang Wangi
police station. The three asked whether they were being arrested, to
which the officers replied no. However, during their interrogation, they
were informed that they were placed under arrest. They were questioned
for almost three hours by the investigating team from the KDN.

At
about 2 am, the three KOMAS representatives were finally released on
police bail after their statement was recorded. According to the
information received, they should find out if they will be charged with
any offences in 30 days. Reportedly, they were arrested upon the basis
of Section 6 of the Film Censorship Act.

On
July 1, 2013, Ms. Lena Hendry had received a call from the Censorship
Board of the Ministry of Home Affairs, who asked the organisers to stop
the screening because the film had not gone under censorship. She had
replied that the screening was private and upon
invitation only.

Furthermore, there
were also strong attempts by the Sri Lankan Embassy in Malaysia to stop
the screening. They faxed a letter to the KLSCAH asking them not to
screen the documentary. Although they were invited to the screening they
did not show up.

Mr. Tan Jo Hann, a member of the Board of Directors of Pusat KOMAS, was also subjected to acts of harassment in mid-July 2013[2].

Action requested:

Please write to the authorities in Malaysia, urging them to:

i.
Put an end to any act of harassment, including at the judicial level,
against Ms. Lena Hendry as well as against all KOMAS members and all
human rights defenders in Malaysia;

ii.
Ensure in all circumstances that KOMAS and its members as well as all
human rights defenders in Malaysia are able to carry out their
legitimate activities without any
hindrance and fear of reprisals;

iii.
Conform with the provisions of the UN Declaration on Human Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, especially:

- its
Article 1, which states that “everyone has the right, individually and
in association with others, to promote and to strive for the protection
and realisation of human rights and fundamental freedoms at the national
and international levels”, as well as

-
its Article 12.2, which provides that the State shall “take all
necessary measures to ensure the protection by the competent authorities
of everyone, individually and in association with others, against any
violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of his or her rights”;

iv.
Ensure in
all circumstances respect for human rights and fundamental freedoms in
accordance with international human rights standards and international
instruments ratified by Malaysia.

[1] Pusat
KOMAS has existed since 1993 and it has been on the forefront of the
advocacy for democracy & human rights in Malaysia through
creative media. They have highlighted many human rights issues involving
grassroots communities.

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